The Italian companies that were dragged into the Ksh63 billion Arror and Kimwarer dams scandals have sued Kenya in the International Court of Arbitration.
CMC Di Ravenna Cooperativa and CMC Di Ravanna- Itinera and Itinera S.P.A cited the row between President Uhuru Kenyatta and his deputy William Ruto as the major cause of the alleged illegal cancellation of their tenders and the project too.
In the affidavits filed before the court, the three firms quoted the Kenyan media as their source for the wrangle between Uhuru and Ruto, adding that the President cancelled the tenders to block Ruto from running for the presidency in 2022.
"It seems hardly coincidental that the highest-ranking official to be investigated and charged in the criminal proceedings is Kenya’s (former) Treasury Cabinet Secretary, Mr Henry Rotich, an ally of Mr Ruto.
"This explains how and why a joint venture of respected world-class engineering and construction companies, with an impressive track record of major works worldwide, was entangled in criminal proceedings in Kenya, charged with conspiring with no less a State entity (KVDA), a Kenyan ministry (Treasury) and possible even with international first-rate banks and Italian credit agency," the tycoons lamented.
They further defended themselves from any criminal charges alleging that Kerio Valley Development Authority (KVDA) admitted that the project was tampered with politically.
Their only mistake, they complained, was legally applying for tenders and receiving advance payments from KVDA, which they used to assemble items for the construction of the dams. The tycoons are demanding compensation worth Ksh11 billion, plus interests from KVDA.
While cancelling the tenders in 2019, President Uhuru argued that the project was overpriced and economically unviable. A committee that advised the head of state detailed that a feasibility study was not conducted on the dam project.
It added that a study carried out on a similar project 28 years ago had revealed a geological fault across the 800-acre project area, which would have negative structural effects on the proposed dam. Another issue was that the water supply mechanism for the Kimwarer Dam would involve pumping, an aspect the technical committee found unsustainable.
Ruto's allies accused the President of a witch hunt lamenting that there was an imbalance in the selection of the committee that eventually gave recommendations on the report.
"The plan all along was to kill the projects. The committee didn’t consult anyone and it didn't carry out public participation. They would rather default and pay contractors billions of money for breach of contract than to see our people benefit," Elgeyo-Marakwet Senator Kipchumba Murkomen complained.
Ruto in the years afterwards accused Uhuru of shifting focus from his Big 4 Agenda and concentrating on the Building Bridges Initiative (BBI) which was poised to fail. However, during the National Prayer Breakfast at Parliament Buildings on Thursday, May 27, the DP extended an olive oil branch to his boss.
"So much happened but as we stand today, the Tanga Tanga tours are over and the reggae has also stopped. I think we have to listen and do something together," Ruto called for a truce.
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